Md. Kyan @ Aayan @ Raja v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86539 of 2024 Arising Out of PS. Case No.-171 Year-2024 Thana- BARAULI District- Gopalganj ====================================================== Md. Kyan @ Aayan @ Raja Son of Shafiullah R/O-Village - Surohiya, P.S - Bodharia , District - Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramadhar Shekhar For the Opposite Party/s :
Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-12-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 302, 120B, 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per FIR, co-accused Farhan Ali shot fire upon the deceased.
4. Learned counsel for the petitioner submits that the petitioner is innocent, not named in the FIR and has been falsely implicated in this case. He submits that the petitioner has been made accused in this case on the basis of confessional statement of co-accused which has no evidentiary value in the eye of law. He submits that save and except the confessional statement of co-accused, there is no material against him. He submits that there is no specific overt act against the petitioner.
Patna High Court CR. MISC. No.86539 of 2024(2) dt.18-12-2024 2/2 He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State opposes the prayer for bail.
6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Barauli P.S. Case No. 171 of 2024, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. (Anjani Kumar Sharan, J) devendra/- U T